Legal Opinion · Dissent

Michelle Wagner v. Farm Bureau Mutual Insurance Co of Michigan

Michigan Supreme Court

Decided June 8, 2018No. SC: 156669; COA: 332400Published

1Dissent

Markman, C.J. (dissenting).

I respectfully dissent. I would grant leave to appeal to consider whether the Court of Appeals correctly determined that the insurance contract at issue "irreconcilably conflicted" regarding the amount of time plaintiff had to file suit for uninsured motorist (UM) benefits.

On May 17, 2010, plaintiff was injured in an automobile accident when her car was struck from behind by a vehicle driven by Conor Lewis. On May 2, 2013, plaintiff filed suit against Lewis for negligence. While that suit was pending, Lewis's insurer-defendant-filed a declaratory judgment action…

2Cases cited4 opinions

  1. Rory v. Continental InsuranceMichigan Supreme Court · 2005
  2. Klapp v. United Insurance Group Agency, IncMichigan Supreme Court · 2003
  3. Mayor of Lansing v. Public Service CommissionMichigan Supreme Court · 2004
  4. Michelle Wagner v. Farm Bureau Mutual Insurance Co of MichiganMichigan Court of Appeals · 2017

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